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From  the  Library  of 


Constitution   and   Canons 


/missionary  District 

OF 

Asheville 


1904 


rm 


THE  GENERAL  CONVENTION  —  HOUSE  OF  BISHOPS. 

Boston,  ioth  day  of  the  Session. 

Oct.  17,  1904. 
The  following  resolution  was  adopted: 

Resolved,  That  the  Constitution  and  Canons  of  the  Missionary 
District  of  Asheville,  based  on  those  of  the  Diocese  of  Southern  Ohio, 
be  and  are  hereby  approved. 

Attest:     SAMUEL  HART, 

Secretary. 


Constitution  of  the  Protestant  Episcopal 

Church 

in    the   Missionary   District   of   Asheville. 

Adopted  September  10,  1899, 

as  subsequently  amended  and  approved  by 
The  House  of  Bishops. 


ARTICLE    I. 
The  District. 


The  Missionary  District  of  Asheville  embraces  territorially  the 
counties  of  Alleghany,  Wilkes,  Alexander,  Catawba,  Lincoln,  and 
Gaston,  in  the  State  of  North  Carolina  and  all  that  portion  of  the 
State  lying  west  thereof;  and,  as  a  constituent  part  of  the  Protestant 
Episcopal  Church  in  the  United  States  of  America,  it  accedes  to  and 
adopts  the  Constitution  and  Canons  of  that  Church,  and  acknowledges 
their  authority  accordingly. 

ARTICLE    II. 
The  Convention. 

The   Convention   of  the   District  consists   as   follows: 

(a)  Of  the  Bishop  of  the  District,  when  there  is  one. 

(b)  Of  every  clergyman,  not  under  discipline,  who  shall  have 
been  for  six  months,  next  preceding  the  Convention,  canonically 
resident  in  the  District,  and  in  charge  of,  or  employed  as  assistant 
minister  in,  any  Parish  in  canonical  union  with  the  District,  or  em- 
ployed as  a  missionary  under  the  Ecclesiastical  Authority  of  the  Dis- 
trict, of  regularly  engaged  as  Instructor  in  any  Parochial  or  Mission 
school  of  the  District,  or  regularly  engaged  as  instructor  in  any 
Church  Institution,  upon  the  Board  of  Trustees  of  which  the  Dis- 
trict is  represented,  or  who,  having  been  engaged  in  the  discharge  of 
any  of  the  foregoing  duties,  shall  have  been  disabled  from  continuing 
in  the  same  by  reason  of  advanced  years  or  infirm  health. 

(c)  Of    any    officers    of    the    District,    who    may    be    constituted 


4  CONSTITUTION   AND    CANONS 

ex-oMcio  members  of  the  Convention  by  constitutional  or  canonical 
provision. 

(d)  Of  lay  delegates  from  the  Parishes  in  canonical  union  with 
the  District,  and  from  the  organized  Missions  in  the  District. 

Each  of  the  said  Parishes  shall  be  entitled  to  three  delegates  in 
the  Convention,  and  each  of  said  Missions  shall  be  entitled  to  one 
delegate  in  the   Convention. 

The  lay  delegates  shall  be  communicants  in  the  Parish  or  Mis- 
sion, which  they  represent,  and  they  shall  be  chosen  in  such  manner 
as  may  be  prescribed  by  Canon. 

ARTICLE    III. 
Annual  and  Special  Conventions. 

The  Convention  sail  meet  annually  at  such  time  and  place  as  may 
have  been  determined  by  the  next  preceding  Convention,  or  in  case  of 
no  such  determination,  on  the  third  Wednesday  in  June,  at  such  place 
as  may  have  been  designated  by  the  Ecclesiastical  Authority  of  the 
District,  but  the  time  or  place  of  such  meeting  may  be  changed,  or 
Special  Conventions  may  be  called  by  the  Ecclesiastical  Authority  of 
the  District,  subject  to  such  provisions  as  may  be  prescribed  by 
Canon. 

Printed  notice  of  the  meeting  of  the  Convention  shall  be  mailed 
at  least  thirty  days  before  the  time  appointed,  to  every  clergyman 
canonically  resident  in  the  District  and  to  the  Clerk  of  the  Vestry 
of  each  Parish  in  canonical  union  with  the  District,  and  to  the  Clerk 
of  each   Mission  in  the  District. 

In  case  of  a  special  Convention,  the  notice  shall  specify  the  pur- 
pose for  which  the  same  is  called,  and  no  business,  not  strictly  per- 
taining to  that  purpose  shall  be  transacted  by  said  Convention. 

ARTICLE    IV. 

Religious  Services  of  the   Convention. 

The  Ecclesiastical  Authority  shall  appoint  and  order  the  opening 
service,  and  all  other  religious  services  of  the  Convention,  subject, 
in  the  absence  of  the  Bishop,  to  modification  by  the  Convention 
itself. 

ARTICLE   V. 

The  President  of  the   Convention. 

The  Bishop  of  the  District  shall  have  a  seat  and  -tote  in  the  Con- 
vention, and  shall  be  its  presiding  officer. 

If  the  Bishop  of  the  District  be  not  in  attendance  upon  the  Con- 


MISSIONARY    DISTRICT    OF    ASHEVILLE  5 

vention,  a  President  pro  tempore  shall  be  elected  from  among  the  cler- 
ical members  of  the  Convention. 

ARTICLE    VI. 

Convention   Quorum. 

The  presence  of  one-half  of  all  the  clergy  entitled  to  seats  in  the 
Convention,  and  of  a  representation  from  one-third  of  all  the  Parishes 
entitled  to  be  represented  in  the  Convention,  shall  be  necessary  to 
constitute  a  quorum  for  the  transaction  of  business,  provided,  how- 
ever, that  any  less  number  shall  have  power  to  meet,  to  receive  re- 
ports, and  to  adjourn. 

ARTICLE   VII. 

Officers  to  be  Elected  by  Convention. 

The  Convention  shall  elect  annually,  a  Secretary,  a  Treasurer,  and 
one  member  of  a  Board  of  five  Trustees  of  the  District  to  serve  for 
five  years.  It  shall  elect  trienially,  a  Registrar  of  the  District,  one 
clerical  and  one  lay  delegate  to  the  General  Convention,  with  one 
provisional  clerical  and  one  provisional  lay  delegate  to  the  same,  and 
an  Ecclesiastical  Court  to  consist  of  five  Presbyters  of  the  District. 

The  foregoing  officers  shall  respectively  perform  the  duties  which, 
by  canon  or  general  usage,  may  be  prescribed  for  them;  and  each 
shall  continue  in  office  until  his  successor  is  chosen;  and  any  vacan- 
cies among  the  foregoing  officers,  arising  during  the  recess  of  the 
Convention,  may  be  filled  by  appointment  of  the  Ecclesiastical  Au- 
thority of  the  District.  Vacancies  continuing  until  the  time  of  an 
Annual  Convention  shall  be  filled  by  the  same. 

ARTICLE   VIII. 
Mode  of  Voting  and  Elections 

The  Clergy  and  lay  delegates  shall  deliberate  in  one  body,  and 
vote  as  such  in  all  elections.     All  elections  shall  be  by  ballot. 

A  vote  by  orders  upon  the  decision  of  any  question  may  be 
called  for  by  five  members;  and  in  such  case  the  concurrence  of  a 
majority  of  the  votes  in  each  order  shall  be  necessary  for  an  affirma- 
tive vote.  In  a  vote  by  orders,  each  Parish  represented  in  the  Con- 
vention shall  be  entitled  to  but  one  vote,  and  a  Mission  in  such  case 
has  no  vote. 

ARTICLE    IX. 

Election  to  the  Episcopate. 

The  election  of  a  Bishop  shall  be  made  in  an  Annual  Convention, 


6  CONSTITUTION    AND    CANONS 

or  in  a  Special  Convention  called  for  that  purpose  at  least  sixty  days 
before  the  time  appointed,  the  object  being  stated  by  notice  in 
writing,  and  sent  to  everjr  clergyman  and  vestry  of  the  District. 

The  election  shall  be  by  orders,  and  the  concurrence  of  a  majority 
of  both  orders  present  and  voting  shall  be  necessary  to  determine  the 
choice. 

ARTICLE    X. 

The  Chancellor. 

The  Bishop,  with  the  approval  of  the  Council  of  Advice,  may  ap- 
point a  person,  learned  in  the  law,  Chancellor  of  the  District,  to  ad- 
vise regarding  any  question  of  law  which  may  arise  in  the  adminis- 
tration of  District  affairs,  who  shall  be  entitled  ex-ofRcio  to  a  seat  and 
vote  in  all  Conventions,  except  when  the  vote  is  by  orders.  The 
Chancellor  must  be  a  communicant  and  resident  in  the  District,  and 
shall  continue  in  office  till  death,  or  resignation,  or  revocation  of  ap- 
pointment by  the  Bishop. 

ARTICLE    XI. 
Suspension  of  Parishes  or  Missions. 

Any  Parish  or  Mission  may  be  suspended  from  the  right  of  lay 
representation  in  the  Convention  by  a  vote  of  two-thirds  of  each 
order,  whenever  the  same  shall  be  deemed  conducive  to  the  interests 
of  the  Church;  or  its  connection  with  the  District  may  be  wholly  dis- 
solved  by  canonical   process. 

Any  Parish  or  Mission  which  shall  not  have  paid  all  assessments 
imposed  upon  it  according  to  canon,  for  the  District  Fund,  shall  be, 
ipso  facto,  suspended  from  the  right  of  lay  representation,  and  shall 
remain  thus  suspended  until  its  delinquency  shall  have  been  cancelled 
by   payment   or   excused   by   vote   of   Convention. 

ARTICLE    XII. 

Amendment  of  Constitution. 

The  mode  of  altering  this  Constitution  shall  be  as  follows: 
Every  proposition  for  amendment  shall  be  made  in  writing,  and 
being  read,  shall  be  referred  to  the  Committee  on  Canons,  which  shall 
report  the  same  to  the  next  Annual  Convention,  with  their  recommen- 
dation, and  .if  two-thirds  of  the  two  orders  voting  separately  shall 
then  approve  of  said  proposition,  either  in  its  original  form,  or  in 
the  form  recommended  by  said  Committee,  and  if  the  Bishop  of  the 
District  approve,  the  proposed  amendment  shall  then  be  submitted 
to  the  House  of  Bishops,  and  upon  the  approval  of  the  House  of 
Bishops,  the  Constitution  shall  be  changed  accordingly. 


MISSIONARY    DISTRICT    OF    ASHEVILLE  7 

CANONS  AS  AMENDED  AND  APPROVED   BY  THE  HOUSE 
OF  BISHOPS,  1904. 

CANQN  I. 
Of  the  List  of  Ministers. 

Section  1.  Within  one  week  before  the  meeting  of  every  Con- 
vention of  this  District,  the  Bishop  shall  cause  to  be  prepared  a  list  of 
the  Ministers  canonically  resident  in  the  District,  annexing  the  names 
of  their  respective  cures,  or  parishes,  or  stations  as  Missionaries,  or 
of  the  institutions  of  learning,  in  which  they  are  engaged;  and  in 
regard  to  such  as  are  not  engaged  in  parishes,  or  missions,  or  insti- 
tutions of  learning  as  above,  their  places  of  residence  only,  specify- 
ing, at  the  same  time,  who  of  any  class  are  Deacons;  but  no  Clergy- 
man, while  suspended  from  the  Ministry,  shall  have  a  place  on  such 
list;  and  the  list  shall  be  laid  before  the  Convention  immediately  after 
it  shall  have  been  called  to  order,  and  the  names  of  the  Clerical  mem- 
bers called  therefrom.  The  same  shall  be  appended  to  the  Journal, 
and  sent  to  the  Secretary  of  the  General  Convention. 

Sec.  2.  When  the  right  of  any  Clergyman  to  a  seat  in  the  Con- 
vention is  disputed,  it  shall  be  determined  according  to  the  provis- 
ions of  the  second  article  of  the  Constitution,  by  the  Convention 
itself,  whether  his  name  be  inserted  in  the  list  aforesaid  or  be 
omitted. 

CANON  II. 

Of   Attendance   on    Convention. 

It  shall  be  the  duty  of  all  Clergymen  entitled  to  seats  in  the 
Convention  to  attend  the  same,  and  of  each  Parish  in  union  with 
the  Convention  to  send  one  or  more  Lay  Delegates  to  the  Conven- 
tion, not  exceeding  three,  elected  by  the  Vestry,  at  least  ten  days 
before  the  meeting  of  any  Convention  from  among  the  male  com- 
municants of  said  Parish,  and  of  each  organized  Mission  to  send  one 
delegate  appointed  by  the  Minister-in-charge  from  among  the  male 
communicants  of  the  Mission,  and  the  Clerk  of  the  Parish  or  Mis- 
sion shall,  at  least  five  days  before  the  meeting  of  any  Convention, 
send  to  the  Secretary  of  the  Convention,  for  delegates  elected  or 
appointed  as  aforesaid,  a  certificate  as  follows: 

"  This  is  to  certify  that  N.   N.,  communicants  in  good  standing 

"  of  Church  or  Mission  were  duly  appointed  Lay  Del- 

"  egates  to  represent  the  same  in  the  Convention  of  the  Protestant 
"  Episcopal  Church  in  the  District  of  Asheville,  to  be  held  on  the 
" day  of ,  in  the  year  of  our  Lord ;  and  that 


8  CONSTITUTION    AND    CANONS 

"  the   semi-annual   dues   to   the    Contingent    Fund   of  the   District   are 

"  either  fully  paid,  or  application  has  been  made  for  relief  in  accord- 
'"  ance  with  the  Canon." 

This    certificate    shall    be    signed    by    the    Rector    or    Minister-in- 

charge,  and  Clerk.     The  Secretary  of  the  Convention  shall  make  a  list 

of  the  names  of  Delegates  thus  certified  to  him,   to  be  used  by  him 
at   the   organization   of  the    Convention. 

CANON  III. 

Of  the  Secretary. 

It  shall  be  the  duty  of  the  Secretary  to  take  minutes  and  record 
all  proceedings  of  the  Convention;  to  attest  its  public  acts,  preserve 
its  records,  notify  the  Parishes  of  the  times  and  places  of  meeting 
of  all  stated  and  special  Conventions,  giving  thirty  days'  notice,  and 
faithfully  to  deliver  to  his  successor  all  books  and  papers  belonging 
to  the  Convention  which  may  be  in  his  charge.  In  giving  notice  of 
the  meeting  of  the  Annual  Convention,  he  shall  send  a  form  of  paro- 
chial report,  and  of  certificate  by  which  the  appointment  of  Lay 
Delegates  is  to  be  certified.  If  the  Parish  or  Mission  be  vacant,  this 
notice  shall  be  sent  to  the  Clerk. 

CANON  IV. 
Of  the  Treasurer. 

Section  I.  It  shall  be  the  duty  of  the  Treasurer  to  receive  and 
disburse  all  money  collected  under  the  authority  of  the  Convention, 
of  which  the  collection  and  disbursement  shall  not  otherwise  be  reg- 
ulated, and  semi-annually  to  notify  the  Teasurer  of  each  Parish  and 
Mission  of  the  amount  of  its  dues,  and  when  to  be  paid,  giving  twenty 
days'  notice.  Tlis  accounts,  properly  audited,  shall  be  rendered  annu- 
ally to  the  Convention,  and  shall  be  examined  by  the  Committee  on 
Finance.  In  case  of  a  vacancy,  the  Bishop  shall  appoint  a  Treasurer 
for  the  unexpired  term. 

Sec.  2.  The  Treasurer  of  the  District  shall  ex-ofhcio  be  entitled  to 
a  seat  in  the  Convention,  and  to  a  voice  in  the  discussion  of  all  finan- 
cial questions.  He  shall  be  cx-oMcio  a  member  and  Secretary  of  the 
Committee  on   Finance. 

Sec.  3.  The  salary  of  the  Treasurer  of  the  District  shall  be  ($200) 
two  hundred  dollars  per  annum,  and  he  shall  act  as  Treasurer  of  the 
Board  of  Trustees  of  the  District,  if  the  Board  so  elects. 

Sec.  4.  Before  entering  upon  the  discharge  of  his  duties,  the 
Treasurer  shall  file  with  the  Trustees  of  the  District  a  bond,  exe- 
cuted to  them  on  behalf  of  the  District  by  some  reliable  guarantee 


MISSIONARY    DISTRICT    OF    ASHEVILLE  9 

company,  in  the  sum  of  five  thousand  dollars,  for  the  faithful  per- 
formance of  duty,  the  cost  of  which  bond  shall  be  paid  by  the  Dis- 
trict; and  all  moneys,  under  the  charge  of  the  Treasurer,  belonging 
to  the  District,  shall  be  kept  on  deposit,  in  the  name  of  the  District, 
subject  to  the  order  of  the  Treasurer  of  the  District,  with  such  bank- 
ing institution  as  may  be  approved  by  the  Trustees  of  the  District. 

CANON  V. 

Of  the  Registrar. 

It  shall  be  the  duty  of  the  Registrar  to  gather  and  preserve  all 
such  journals,  files,  papers,  reports,  catalogues,  and  other  documents 
as  may  be  useful  for  reference,  or  furnish  materials  for  the  history  of 
the  Church  in  the  District  of  Asheville,  and  to  hold  the  same  under 
such  regulations  and  restrictions  as  the  Convention  may  from  time 
to  time  prescribe. 

CANON  VI. 

Of  the  Trustees. 

Section  i.  A  Board  of  five  Trustees  of  the  District,  to  hold  office 
five  years,  shall  be  elected  by  the  Convention,  who  shall  hold  all 
property  of  the  Missions  of  the  District,  and  of  such  Parishes  as  de- 
sire to  have  their  property  held  in  trust  by  the  Board,  and  who  shall 
have  the  care  of  funds,  such  as  those  derived  from  extinct  Parishes, 
and  who  shall  have  care  of  funds  for  the  support  of  the  Episcopate, 
and  of  all  such  as  may  by  gift  or  devise  for  any  special  purpose  be- 
come the  property  of  the  District. 

Sec.  2.  At  the  first  election  of  Trustees  of  the  District  under  this 
Canon,  the  whole  number  shall  be  chosen;  but  the  term  of  one  (to  be 
designated  by  the  Board)  shall  expire  each  year,  so  that  every  year 
after  the  first,  one  Trustee  shall  be  elected,  and  vacancies  shall  be 
filled  for  unexpired  terms. 

Sec.  3.  The  Board  of  Trustees  shall  elect  a  Treasurer,  who  shall 
perform  the  duties  usually  pertaining  to  that  office.  Before  entering 
upon  the  discharge  of  his  duties,  said  Treasurer  shall  file  with  the 
Trustees  a  satisfactory  bond,  executed  to  them  on  behalf  of  the 
District  by  some  reliable  guarantee  company,  in  the  sum  of  five  thous- 
and dollars,  for  the  faithful  performance  of  duty,  the  cost  of  which 
bond  shall  be  paid  by  the  District.  Said  Treasurer  shall  ex-ofUcio  be 
entitled  to  a  seat  in  all  District  Conventions,  and  to  a  voice  in  the 
-  discussion  of  all  financial  questions,  and  he  shall  be  ex-ofRcio  a  mem- 
ber of  the  Finance  Committee.  The  Board  of  Trustees  shall  also 
appoint  a  Secretary,  who,  if  not  a  member  of  the  Board,  shall  have 
a  seat,  but  not  a  vote,  at  its  meetings. 


10  CONSTITUTION    AND    CANONS 

Sec.  4.  The  Bishop  shall  be  ex-oMcio  a  member  of  the  Board  of 
Trustees,  and,  if  present,  shall  preside  at  all  meetings  of  the  Board. 
The  Bishop  or  any  two  trustees  may  call  meetings  of  the  Board. 

CANON  VII. 
Of  the  Council  of  Advice. 

Section  1.  A  Council  of  Advice,  who  shall  perform  the  duties 
of  a  Standing  Commjttee  for  the  District,  shall  be  annually  appointed 
by  the  Bishop  in  accordance  with  Canon  13,  §  IV  [ii]  of  the  General 
Convention. 

Sec.  2.  Any  three  of  the  Council,  the  whole  being  summoned, 
provided  one  be  a  Presbyter,  shall  be  a  quorum  for  the  transaction 
of  business,  when  convened  at  the  request  of  the  Bishop.  At  all 
other  meetings  a  majority  of  the  members  shall  be  necessary  to  a 
quorum.  It  shall  be  the  duty  of  the  Secretary  of  the  Council  to  keep 
a  faithful  record  of  the  proceedings  in  a  book  provided  for  the  pur- 
pose; to  preserve  the  original  of  all  papers  or  letters  addressed  to 
the  Council;  to  attest  their  acts,  and  to  deliver  to  his  successor  all 
books  and  papers  which  in  virtue  of  his  office  have  been  committed 
to  him.  The  minutes  of  the  Council,  and  all  other  papers  in  their 
hands  relative  to  the  Church,  shall  be  subject  to  examination  by  the 
Bishop,  or  by  the  Convention.  A  report  of  the  acts  of  the  Council 
shall  be  made  annually  to  the   Convention. 

CANON  VIII. 
Of  Delegates  to  the  General  Convention. 

Section  1.  The  Convention  shall,  at  each  regular  annual  meet- 
ing next  preceding  a  stated  meeting  of  the  General  Convention,  elect 
one.  Clergyman  and  one  Layman,  to  act  as  Delegates  from  this  Dis- 
trict to  the  General  Convention.  It  shall  also  elect  one  Clergyman 
and  one  Layman,  as  Provisional  Delegates,  which  Delegates  and 
Provisional  Delegates  shall  represent  the  District  until  their  succes- 
sors are  elected,  and  shall  represent  the  District  in  any  General  Con- 
vention,  which  may  be   held   during  their  'contiiiuance   in   office. 

Sec.  2.  It  shall  be  the  duty  of  the  Delegates-elect  to  signify  to 
the  Bishop,  at  least  ten  days  before  the  meeting  of  the  General  Con- 
vention, their  acceptance  of  the  appointment,  and  their  intention  to 
perform  its  duties,  and  in  case  the  Delegates  or  Provisional  Delegates 
cannot  represent  the  District  in  the  General  Convention,  the  Bishop 
shall  appoint  one  or  more  as  the  case  may  be,  to  supply  any  deficiency 
in  the  representation  of  this  District,  which  may  in  any  way  occur. 


MISSIONARY    DISTRICT    OF    ASHEVILLE  11 

And  the  person  or  persons  so  appointed  by  the  Bishop,  being  furn- 
ished with  his  certificate  thereof,  shall  have  all  the  power  and  author- 
ity of  Delegates  duly  elected  by  the  Convention. 

CANON  IX. 
Of  the  District  Contingent  Fund. 

Section  i.  At  each  Annual  Convention  an  assessment  shall  be 
made  upon  the  several  Parishes  and  Missions  in  the  District,  accord- 
ing to  the  several  abilities  of  the  Parishes  and  Missions,  of  an  amount 
sufficient  to  satisfy  the  pecuniary  obligations  of  the  Convention,  em- 
bracing all  contingent  expenses. 

Sec.  2.  It  shall  be  the  duty  of  the  Vestry  of  each  Parish,  and  of 
the  officers  of  each  Mission,  to  provide  for  the  collection  and  pay- 
ment of  such  sums  as  shall  be  assessed  by  the  Convention  as  afore- 
said; and  the  same  shall  be  transmitted  in  semi-annual  installments 
to  the  Treasurer  of  the  District. 

Sec.  3.  It  shall  be  the  duty  of  each  corporation  in  union  with 
the  Convention  and  of  each  organized  Mission,  to  render,  at  such 
time  and  in  such  manner  as  may  be  required  by  the  Convention,  a 
true  and  faithful  account  of  the  real  estate  and  other  property  owned 
by  said  Parish  or  Mission,  with  its  fairly  estimated  value,  and  also 
a  statement  of  any  lien  or  encumbrance  on  the  same,  or  any  part 
thereof,  and  the  amount  of  interest  paid  in  consequence  of  such  lien 
or  encumbrance.  And  further,  it  shall  be  the  duty  of  each  Parish,  or 
Mission,  to  declare  the  full  amount  of  the  current  expenditure  of  the 
Parish  or  Mission,  and  of  all  money  expended  for  the  same,  in  any 
way  accruing  including   salaries   and   all   other   expenses. 

Sec.  4.  There  shall  be  a  Finance  Committee  to  consider  and  ad- 
vise regarding  the  finances  of  the  District,  consisting  of  three  lay- 
men, appointed  annually  by  the  Bishop,  of  which  committee  the 
Bishop  shall  be  ex-ofRcio  a  member,  and  if  present  shall  preside  at 
meetings  of  the  committee.  The  Treasurer  of  the  District,  and  the 
Treasurer  of  the  Board  of  Trustees  shall  be  ex-officio  members  of  the 
Finance  Committee. 

Sec.  5.  The  Finance  Committee  shall  hold  such  meetings  as 
may  be  found  necessary,  one  of  which  shall  be  within  the  forty 
days-  immediately  preceding  the  next  regular  Convention,  at  which 
meeting  a  statement  shall  be  prepared,  setting  forth  the  financial  con- 
dition of  the  District,  and  estimates  for  the  ensuing  year,  a  copy 
of  which  shall  be  sent  to  each  minister  and  Parochial  Treasurer  and 
Mission  Treasurer  of  the  District.  The  Committee  on  Finance  is 
hereby  empowered  and  directed  to  base  assessments  on  some  fixed 
and  uniform  plan;  and  the  assessments  shall  be  payable,  one-half 
August  1,  and  the  other  half  February  1. 


12  CONSTITUTION   AND    CANONS 

Applications  for,  modification  or  remission  of  arrearages  in  the 
Contingent  Fund  shall  be  in  writing,  directed  "  To  the  Finance  Com- 
mittee," and  shall  contain  a  statement  of  the  number  of  collections 
taken  in  the  Parish  or  Mission  during  the  preceding  year  for  Dis- 
trict purposes,  and  the  results,  and  the  grounds  upon  which  relief  is 
asked,  and  the  reasons  for  the  failure  to  make  the  regular  collections, 
in  case  they  have  been  omitted. 

Sec.  6.  The  Contingent  expenses  of  the  District  shall  include 
the  following  items. 

i.  Publishing  the  Journal  of  the  Convention,  and  such  other  doc- 
uments as  may  be  ordered  by  the  Convention. 

2.  The  salary  of  the  Secretary  of  the  District. 

3.  The   salary  of  the   Treasurer   of  the   District. 

4.  The  sum  of  $100  for  the  expenses  of  the  Clerical  Delegate  to 
the  General  Convention  in  attending  the  same. 

5.  The  necessary  expenses  of  members  of  the  Ecclesiastical 
Court  in  attendance  upon  Ecclesiastical  trials. 

6.  The  necessary  expenses  of  Examining  Chaplains  for  their 
work. 

7.  The  necessary  expenses  of  the  Trustees  of  the  District  for 
their  work. 

8.  The  necessary  expenses  of  the  members  of  the  Council  of 
Advice  for  their  work. 

9.  The  necessary  expenses  of  the  Secretary  of  the  District  for 
his  work. 

10.  The  necessary  expenses  of  the  Registrar  of  the  District  for 
his  work. 

11.  Such  other  expenses  as  may  be  authorized  by  the  Conven- 
tion. 

CANON  X. 

Of  New  Parishes. 

Section  1.  In  order  to  the  formation  of  a  new  Parish,  the  writ- 
ten consent  of  the  Ecclesiastical  Authority  of  the  District  must  first 
be  obtained,  and  such  consent  shall  not  be  granted  until  evidence  is 
given  of  the  ability  of  the  Parish,  after  organization,  to  pay  a  salary 
of  at  least  $700  per  annum  to  a  Rector. 

Sec.  2.  For  the  organization  of  a  Parish,  the  following  Article  of 
Association  must  be  signed  by  at  least  twenty  persons  who  intend 
to  be  supporters  of  the  Parish:  "We,  the  undersigned,  do  associate 
ourselves    together   for   the   purpose   of   maintaining   the   worship    of 


MISSIONARY    DISTRICT    OF    ASHEVILLE  13 

God,  and  the  preaching  of  the  Gospel,  according  to  the  doctrine, 
discipline,   and   worship   of   the    Protestant    Episcopal    Church   in   the 

United  States  of  America,  under  the  name  of  the  Parish  of 

Church,  in   the  town  arid   county   of  ,   and 

State  of  North  Carolina,  and  promise  conformity  to  the  Constitu- 
tion and  Canon  of  the  General  Convention  arid  of  the  District  of 
Asheville." 

Sec.  3.  After  twenty  persons  have  signed  the  Article  of  Asso- 
ciation, a  meeting  of  the  same  may  be  called  on  ten  days'  notice.  At 
this  meeting  Vestrymen  shall  be  elected,  a  name  for  the  Parish 
adopted,  and  such  other  steps  taken  as  are  necessary  to  the  incor- 
poration of  the  Parish  under  the  laws  of  the  State.  The  minutes  of 
the  meeting  shall  be  recorded  in  a  book  to  be  kept  as  a  record  of  the 
proceedings  of  the  Vestry  and  Parish  meetings,  in  which  shall  be 
recorded  the  Article  of  Association. 

Sec.  4.  A  certified  copy  of  the  Article  of  Association,  and  a 
copy  of  the  minutes  of  the  meeting  for  organizing  the  Parish,  shall 
be  sent  to  the  Bishop  without  delay,  together  with  notice  that  the 
Parish  will  apply  for  admission  into  union  with  the  Convention.  At 
a  subsequent  Convention  this  application  shall  be  made,  and  for  this 
purpose  certified  copies  of  the  aforesaid  papers  shall  be  presented. 

Sec.  5.  Any  Parish  which  shall  deem  its.  rights  encroached 
upon,  or  its  prosperity,  or  usefulness  endangered  by  the  proposed  lo- 
cation in  its  vicinity  of  a  Church  or  Chapel  of  another  Parish,  may 
present  the  matter  of  the  threatened  intrusion  to  the  Bishop  of  the 
District,  and  ask  his  fatherly  interposition  in  its  behalf.  In  such  case 
the  Bishop  may  call  for,  and  appoint  the  time  and  place  of,  a  con- 
ference of  delegates  from  the  Parishes  in  interest.  But,  if  such  con- 
ference, with  the  godly  advice  of  the  Bishop,  shall  not  result  in  an 
amicable  adjustment  of  the  difference  between  the  parties  thereto, 
the  Bishop,  or  either  party  in  the  conflict,  may  lay  the  matter  at  issue 
before  the  Council  of  Advice  of  the  District,  and  the  decision  of  the 
Council  of  Advice,  with  the  approval  of  the  Bishop,  shall  be  final. 

CANON  XI. 

Of  the  Vestry. 

Section  1.  In  every  Parish  in  the  District,  annually,  on  Easter 
Monday,  at  an  hour,  of  which  public  notice  shall  have  been  given,  after 
prayer,  there  shall  be  held  a  Parish  Meeting  for  the  election  of  a 
Vestry  to  consist  of  not  fewer  than  five  nor  more  than  ten  members, 
who  shall  continue  in  office  until  their  successors  are  chosen.  The 
Rector  of  the  Parish,  if  present,  shall  preside  at  Parish  Meetings.     In 


14  CONSTITUTION    AND    CANONS 

his   absence,   the   order   of  priority   for   the   presiding   officer   shall   be 
ex-oMcio : 

i.     The   Senior   Warden. 

2.  The  Junior  Warden. 

3.  The  Secretary  of  the  Vestry. 

Should  none  of  the  foregoing  officers  be  present,  the  Parish 
Meeting  may  elect  any  one  of  its  members  to  preside. 

•  Sec.  2.  Should  fewer  than  eighteen  persons  qualified  to  vote 
for  Vestrymen  attend  the  Parish  Meeting,  and  should  the  Rector  and 
one  Warden,  or  the  presiding  officer  and  one-sixth  of  those  present, 
concur  in  believing  that  the  best  interest  of  the  Parish  demand  the 
postponement  of  an  election,  then  such  presiding  officer  shall  de- 
clare the  election  postponed,  and  the  Parish  Meeting  shall  adjourn 
to  a  designated  day  and  hour,  not  fewer  than  seven  nor  more  than 
fourteen  days  after  said  Easter  Monday;  and  public  notice  having 
been  given  of  such  adjourned  meeting,  it  shall  possess  the  powers  and 
be  subject  to  the   rules   of  a   regular   Parish   Meeting. 

Sec.  3.  With  the  consent  of  the  Bishop  and  Council  of  Advice 
of  the  District,  Parishes,  which  cannot  hold  a  Parish  Meeting  at  the 
time  specified  in  Sec.  1  of  this  Canon,  may  hold  their  Annual  Parish 
Meeting  for  the  election  of  a  Vestry  at  a  more  convenient  time  of 
the  year.  Public  notice  of  the  time  and  place  of  such  meeting  must 
be  given  at  least  fourteen  days  before  the  meeting  is  to  be  held. 

Sec.  4.  The  Vestry  shall,  upon  nomination  of  the  Rector,  elect 
two  of  its  members,  one  as  Senior  Warden  and  the  other  as  Junior 
Warden. 

Sec.  5.  The  Vestry  shall  elect  a  Secretary,  whose  duty  it  shall 
be  to  take  and  record  the  minutes  of  their  proceedings,  attest  the  pub- 
lic acts  of  the  Vestry,  preserve  all  records  and  papers  belonging  to 
the  Parish,  not  otherwise  provided  for,  perform  such  other  duties  as 
shall  be  legally  assigned  to  him,  and  faithfully  deliver  to  his  succes- 
sor all  books  and  documents  in  his  possession  belonging  to  the  Parish. 

Sec.  6.  A  Treasurer  shall  also  be  elected,  to  receive,  disburse 
and  account  for  the  funds  of  the  Parish. 

Sec.  7.  In  electing  a  Vestry,  no  person  shall  be  allowed  to  vote 
who  is  not  at  the  time  of  such  voting  an  adherent  of  the  Protestant 
Episcopal  Church  and  at  least  twenty-one  years  of  age,  and  who 
has  not  for  at  least  six  months  immediately  preceding  such  election 
rented  a  pew,  or  portion  of  a  pew,  or  by  a  subscription  or  otherwise 
contributed  regularly  to  the  support  of  the  Parish;  nor  shall  any 
person  vote  in  a  Parish  who  is  not  a  bona  fide  member  of  the  same. 

Sec.  8.  To  be  eligible  as  a  Vestryman,  one  must  be  a  layman, 
and  to  be  a  Warden,  one  must  be  a  communicant. 

Sec.  9.     It  shall  be  the  duty  of  the  Vestry  to  take  charge  of  the 


MISSIONARY    DISTRICT    OF    ASHEVILLE  15 

property  of  the  church,  to  regulate  all  its  temporal  concerns,  to  elect 
and  call  a  Minister  in  accordance  with  the  provisions  of  Canon  12, 
and  provide  for  his  maintenance,  to  provide  for  paying  all  lawful 
assessments  on  the  Parish,  to  keep  order  in  the  church  during  divine 
service,  and,  in  general  to  act  as  helpers  to  the  Minister  in  whatever 
is  appropriate  to  laymen,  for  the  furtherance  of  the  Gospel;  it  being 
understood,  always,  that  the  spiritual  concerns  of  the  church  are 
under  the  exclusive  direction  of  the  Minister  in  subordination  to  the 
Ecclesiastical  Authority  and  laws  of  the  District. 

Sec.  10.  The  order  of  priority  for  the  presiding  officer  at  Vestry 
Meetings  shall  be  the  same  as  is  prescribed  in  Section  one  of  this 
Canon. 

Sec.  11.  It  shall  be  the  duty  of  the  Wardens,  especially,  to 
provide  the  elements  for  the  Lord's  Supper,  to  collect  the  alms  at  the 
administration  of  the  same,  to  keep  and  disburse  such  alms  in  case 
the  Church  is  destitute  of  a  Minister,  and  while  the  Church  is  desti- 
tute of  a  Minister,  to  provide  for  the  holding  of  public  worship,  and 
the  instruction  of  the  congregation,  by  occasional  clerical  services, 
or  by  lay-reading,  as  the  circumstances  may  permit.  Meetings  of 
the  Vestry  may  be  called  by  the  Rector,  or,  in  his  absence,  at  the  re- 
quest of  a  majority  of  members  by  the  Senior  Warden. 

Sec.  12.  Vacancies  occurring  in  the  Vestry  during  the  year,  may 
be  filled  by  the  remaining  members.  If  the  Vestry  should  become 
extinct  or  incapacitated  for  action  by  the  death  or  resignation  of  its 
members,  the  Bishop  may  call  a  special  Parish  Meeting  (giving  due 
notice  thereof)  to  elect  a  Vestry  to  serve  till  the  Easter  Monday  next 
following;  and,  if  the  Parish  shall  refuse  or  neglect  to  assemble  and 
elect  a  Vestry  as  herein  provided,  the  Bishop,  with  the  advice  and 
consent  of  the  Council  of  Advice,  may  appoint  three  Trustees  to 
take  charge  of  the  property  of  the  Parish,  and  to  exercise  all  the 
rights  and  functions  of  a  Vestry,  until  the  Parish  shall  elect  a  Vestry 
under  the  provisions   of  this   Canon. 

CANON  XII. 

Of  Vacant  Parishes. 

The  filling  of  vacant  Parishes  shall  be  governed  in  all  particulars 
in  accordance  with  the  provisions  of  Canon  14  of  the  General  Conven- 
tion. 

CANON  XIII. 
Of  Extinct  Parishes. 

Section  1.     Whenever,  in  the  opinion  of  the  Bishop,  a  Parish  has 


16  CONSTITUTION    AND    CANONS 

failed  in  the  purposes  of  its  organization,  he  may  report  the  case  to 
the   Convention. 

Sec.  2.  Whenever  the  Bishop  and  Council  of  Advice  think  it  ad- 
visable to  call  upon  the  Convention  to  declare  any  Parish  extinct, 
before  a  vote  is  taken,  the  question,  with  all  the  evidence  tending  to 
prove  or  disprove  the  existence  of  the  facts  upon  which  such  declara- 
tion, under  the  law,  must  be  founded,  shall  be  referred  to  the  Com- 
mittee on  Canons,  and  a  report  made  by  that  Committee,  on  a  day 
subsequent  to  the  day  of  reference,  recommending  what  action  should, 
in  the  opinion  of  the  Committee,  be  taken  by  the  Convention,  accom- 
panied by  a  written  or  oral  statement  of  the  evidence  placed  before 
the  Committee.  And  if  two-thirds  of  the  members  present  vote  in 
favor  of  declaring  the  Parish  or  Parishes  named  in  the  report  extinct, 
such  Parish  or  Parishes  shall  become  and  be  extinct,  and  title  to  all 
the  property  shall  at  once  vest  in  the  Trustees  of  the  District. 

CANON    XIV. 
Of  Parish  Registers  and  Reports. 

Section  i.  Every  Minister  of  this  District  shall  keep  a  record  of 
all  Families,  Baptisms,  Confirmations,  Marriages  and  Funerals  within 
his  care,  specifying  the  name,  time,  and  place  of  birth,  parents  and 
sponsors  of  each  person  baptised;  the  time  when  persons  became 
communicants  under  his  charge,  and  whether  by  confirmation,  trans- 
fer from  some  other  Parish,  or  otherwise.  This  record  shall  be  kept 
by  the  Minister  in  a  suitable  book,  to  be  called  the  Parish  Register, 
provided  by  and  belonging  to  the  Vestry  of  the  Parish  which  he 
serves,  which  book  shall  be  a  part  of  the  records  of  the  Parish. 

Sec.  2.  Every  Minister  shall  on,  or  immediately  after,  the  first 
day  of  June  of  each  year,  present  or  send  to  the  Bishop  or  to  the 
Secretary  of  the  Convention,  a  report  of  his  official  acts,  and  a  state- 
ment of  the  condition  of  the  Parish  or  Missions  under  his  charge, 
according  to  such  form  as  shall  be  furnished  by  the  Ecclesiastical 
Authority  of  the  District,  covering  the  Ecclesiastical  Year  ending 
May  31  of  each  year. 

Sec.  3.  The  report  shall  include  the  financial  condition  of  the 
Parish  or  Mission  as  furnished  by  the  Treasurer  of  the  Parish  or 
Mission. 

CANON  XV. 

Of  the  Missionary  Interests. 

Section  1.  The  general  care  and  management  of  the  Missionary 
interests  of  the  Church  in  the  District,  and  the  duty  of  promoting  the 
co-operation   of  our   congregations   with   the   General    Board   of   Mis- 


MISSIONARY    DISTRICT    OF    ASHEVILLE  17 

sions,  are  entrusted  to  a  Missionary  Committee,  which  shall  consist 
as  follows:  Ex-officio,  the  Bishop  of  the  District,  who,  if  present, 
shall  preside  at  all  meetings;  Ex-officio,  the  Archdeacon  or  General 
Missionary,  if  there  be  one;  Ex-officio,  the  Deans  of  the  Convoca- 
tions; Ex-officio,  the  Treasurer  of  the  District,  who  shall  act  as 
Treasurer  of  the  Missionary  Committee;  by  annual  election  of  Con- 
vention, one  Clergyman  and  one  Layman  from  each  Convocational 
district;  and  such  other  members  as  the  foregoing  members  shall 
elect  into  the  Committee. 

Sec.  2.  This  Committee  shall  be  charged  with  the  appointment 
of  Mission  Stations  and  Missionaries;  but  no  Mission  Station  shall 
be  established  nor  Missionary  appointed  except  upon  the  nomination 
of  the  Ecclesiastical  Authority  of  the  District. 

Sec.  3.  The  Missionary  Committee  shall  meet  quarterly  at  such 
time  and  place  as  the  Bishop  may  appoint,  or  as  may  be  found  con- 
venient on  their  own  adjournment.  Three  members,  if  one  of  them 
is  a  Clergyman,  shall  constitute  a  quorum. 

Sec.  4.  The  Missionary  Committee  shall  appoint  a  Secretary, 
who,  if  not  already  a  member  of  the  Committee,  shall  thereby  become, 
ex-officio  a  member. 

Sec.  5.  All  moneys  received  for  the  purposes  of  the  District 
Missionary  Committee  shall  be  appropriated  under  its  direction;  but 
it  shall  be  the  privilege  of  contributors  to  the  Missionary  cause  to 
designate  the  particular  object  to  which  their  contributions  shall  be 
applied. 

Sec.  6.  The  Missionary  Committee  shall  make  through  its  Sec- 
retary an  annual  report  to  the  Convention  of  the  District,  which  report 
shall  give  a  statement  of  the  amounts  of  money  expended  for  District 
Missions  and  for  General  Missions,  with  the  methods  adopted  for 
raising  the  amounts  expended. 

CANON   XVI. 
Of  Mission  Stations. 

Section  1.  A  Mission  Station,  when  adopted  by  the  Ecclesiastical 
Authority  and  Missionary  Committee,  shall  be  duly  organized  by  the 
appointment  of  a  Missionary,  who,  with  the  consent  and  by  the  au- 
thority of  the  Committee  shall  appoint  a  Warden,  a  Clerk,  and  a 
Treasurer  of  the  Mission,  charged  with  its  temporal  interests,  which 
officers  shall  be  reported  by  the  Missionary-in-charge  to  the  Mission- 
ary Committee  at  its  first  meeting  after  the  appointment,  and  the 
organization  of  the  Mission  shall  date  therefrom. 

Sec.  2.  Application  for  organization  shall  be  made  in  the  first 
instance  to  the  Bishop  in  the  following  form: 

Rt.    Rev.    and    Dear    Sir: — We,    the    undersigned,    residents    of 


18  CONSTITUTION   AND    CANONS 


-,  county  of  ,  District  of  Asheville,  having  built 


or  secured  a  place  of  worship,  and  being  desirous  of  obtaining  the 
services  of  the  Protestant  Episcopal  Church,  and  being  ready,  ac- 
cording to  our  ability,  to  sustain  the  same,  do  hereby  request  you  to 
inquire  into  our  estate,  and  provide  for  us  as  you  may  deem  proper 
and  expedient.  We  do  hereby  declare  ourselves,  individually  and 
collectively,  ready  to  do  what  in  us  lies  to  establish  and  sustain  the 
regular  worship  of  the  said  Church,  and  promote  its  influence  in  our 
neighborhood;  and  we  promise  conformity  to  its  doctrines,  disci- 
pline, liturgy,  rites,  and  usages.  We  put  ourselves  under  your  charge, 
and  will  reverently  obey  your  authority.  We  promise  conformity  to 
the  Constitution  and  Canons  of  the  General  Convention,  and  of  the 
District  of  Asheville.  In  accordance  with  these  obligations,  we  now 
ask  the  privilege  of  being  organized  as  a  Mission,  under  the  name 
of  ." 

Sec.  3.  All  property  of  a  Mission  Station  shall  be  vested  in  the 
Board  of  Trustees  of  the  District. 

Sec.  4.  It  shall  be  the  duty  of  every  Mission  duly  organized  and 
of  every  Parish,  which  is  aided  by  the  Missionary  Committee,  to 
pledge  and  to  pay  an  annual  sum,  satisfactory  to  the  Committee,  into 
its  treasury  in  quarterly  payments. 

CANON  XVIII. 
Of  Convocations. 

Section  1.  The  District  shall  be  divided  by  the  Bishop  into  Con- 
vocations, not  more  than  three  in  number,  and  the  Clergy  within  the 
several  Convocations  with  Laymen  appointed  by  the  Rectors  and 
Ministers-in-charge  from  their  Parishes  or  Missions,  shall  meet  at 
such  time  and  place  as  each  Convocation  may  determine,  or  at  the 
call  of  the  Bishop  or  Dean  of  the  Convocation. 

Sec.  2.  The  officers  of  Convocation  shall  be  Dean,  Secretary,  and 
Treasurer,  which  shall  be  elected  annually  by  the  Convocation;  the 
Dean  shall  be  qualified  for  office  when  his  appointment  is  approved 
by  the  Bishop. 

Sec.  3.  The  Dean  shall  preside  at  all  meetings  of  the  Convoca- 
tion, and  shall  superintend  so  much  of  the  work  of  Convocation  as 
the  Bishop  may  commit  to  his  charge. 

Sec.  4.  The  objects  of  Convocation  shall  be:-  To  devise  plans 
for  the  extension  of  the  Church  within  the  limits  of  the  Convoca- 
tion; to  afford  an  opportunity  for  the  Clergy  to  come  together  for 
conference;  to  hold  public  services  with  discussions  of  religious  topics 
of  general  interest. 

Sec.  5.  Each  Convocation  shall  make  an  annual  report,  through 
its  Dean,  to  the  Convention. 


MISSIONARY    DISTRICT    OF    ASHEVILLE  19 

CANON  XVIII. 
Of  the   Education   Committee. 

Section  i.  There  shall  be  appointed  by  the  Bishop,  at  each  an- 
nual Convention  of  the  District,  a  committee,  consisting  of  five  mem- 
bers, three  Clerical  and  two  Lay.  who  shall  be  called  the  Education 
Committee,  of  which  committee  the  Bishop  of  the  District  and  the 
Archdeacon   shall   ex-officio,   be   members. 

Sec.  2.  The  Education  Committee  shall  be  charged  with  the 
appointment  and  regulation  of  beneficiaries  of  its  funds;  with  the 
collection  and  appropriation  of  funds  for  educational  purposes;  with 
the  appointment  of  teachers  in  the  Mission  schools  of  the  District, 
and  with  the  general  supervision  of  such  schools;  and  with  all  other 
business   belonging   thereto. 

Sec.  3.  It  shall  be  the  privilege  of  contributors  to  the  Education 
cause  to  designate  the  particular  object  to  which  their  contributions 
shall  be  applied;  otherwise  all  contributions  for  education  shall  be  at 
the  disposal  of  the   Committee. 

Sec.  4.  The  Committee  shall  elect  its  own  Secretary,  who,  if  he 
be  not  a  member  of  the  Committee,  shall  thereby  become  a  member. 
The  Treasurer  of  the  District  shall  act  as  Treasurer  *of  the  Com- 
mittee. The  Bishop  shall  call,  and  preside  at,  all  meetings  of  the 
Committee. 

Sec.  5.  A  report  shall  be  made  annually  by  the  Committee, 
through   its   Secretary,   to   the   Convention   of   the   District. 

CANON  XIX. 

Of  Lay  Readers. 

No  one  shall  be  considered  as  authorized  to  officiate  as  a  Lay 
Reader  in  this  District,  except  in  case  of  particular  emergency,  with- 
out a  written  license  from  the  Ecclesiastical  Authority  of  the  District, 
and  Lay  Readers  shall  in  all  cases  conform  to  the  provisions  of  Canon 
21  of  the  General  Convention. 

CANON    XX. 

Of  the  Trial  of  a  Presbyter  or  Deacon. 

Section  1.  Whenever  any  Presbyter  or  Deacon  of  the  District 
shall  be  thought  to  be  guilty  of  any  misconduct,  for  which,  according 
to  Canon  23,  of  the  General  Convention,  he  is  liable  to  be  tried,  ap- 
plication may  be  made  in  writing  with  the  name  of  everyone  engaged 
in  the  application  subscribed,  to  the  Council  of  Advice,  and,  if  it 
appear  to  them  that  the  evidence  is  sufficient  to  demand  a  trial,  they 


20  CONSTITUTION    AND    CANONS 

shall  forthwith  present  the  Clergyman  to  the  Bishop,  accordingly; 
the  presentment  shall  be  made  in  writing,  signed  by  a  majority  of  the 
Council  of  Advice,  and  specifying  with  as  much  accuracy  as  possible, 
the  offence  or  offences,  with  particulars  of  time,  place  and  circum- 
stances; and  every  Clergyman  in  this  District,  may,  for  himself,  re- 
quest of  the  Council  of  Advice,  the  inquiry  provided  for  in  this  sec- 
tion, in  which  case  it  shall  be  instituted,  and  shall  proceed  according 
to  the  provisions  of  this  Canon. 

Sec.  2.  There  shall  be  elected  triennially,  by  ballot,  by  the  Con- 
vention, from  the  Presbyters  entitled  to  seats,  not  members  of  the 
Council  of  Advice,  five,  who  shall  be  a  Court  for  the  trial  of  Presby- 
ters or  Deacons.  No  ballot  shall  have  more  than  three  names  there- 
on, and  the  five  having  the  largest  number  of  votes  shall  be  the  Court. 
Vacancies  may  be  filled  by  the  Council  of  Advice,  subject  to  the  ap- 
proval of  the  next  Convention,  by  a  vote  of  three-fourths  of  the  mem- 
bers present.  The  member  of  the  Court  of  longest  continuous  can- 
onical residence  in  the  District  shall  be  its  President. 

Sec.  3.  Said  members  of  said  Court  chosen  as  aforesaid,  shall, 
for  each  and  every  trial  and  case  that  may  be  brought  before  them, 
appoint  some  person  learned  in  law  who  is  a  communicant  of  this 
Church  and  a  citizen  of  North  Carolina,  their  legal  adviser,  who  shall 
sit  with  them  on  such  trial  or  case,  and  shall  advise  said  Court  upon 
all  questions  of  law,  both  civil  and  ecclesiastical,  and  as  to  all  rtrtes 
and  forms  of  procedure.  Said  legal  adviser  may  preside  at  the  re- 
quest of  the  Court,  or  the  Court  may  at  its  option  elect  any  one  of 
its  members  to  preside  during  the  trial.  Before  entering  upon  the 
trial  of  any  Minister  who  shall  have  been  duly  presented  for  trial 
under  this  Canon,  or  pending  any  such  trial,  and  with  the  approval, 
in  all  cases,  of  the  Bishop  of  the  District,  said  Court  shall  be  author- 
ized as  a  Court  of  Conciliation,  to  adjust  and  dispose  of  the  matter 
so  presented  amicably,  and  without  any  public  trial,  in  case,  in  their 
judgment,  it  shall  be  advisable  to  do  so,  and  with  the  approval  of 
the  Bishop,  as  aforesaid.  And  in  case  of  such  amicable  adjustment, 
a  certificate  thereof,  signed  by  the  President  of  the  Court,  and  ap- 
proved by  the  Bishop,   shall  be   sent  to  the   Council   of  Advice. 

Sec.  4.  A  written  notice  of  the  time  and  place  of  the  first  meet- 
ing of  the  Court  for  any  trial,  with  a  copy  of  the  presentment,  shall 
be  served  at  least  thirty  days  before  such  meeting,  on  the  accused; 
and  also  notice  of  the  time  and  place  of  meeting  on  the  Council  of 
Advice;  who,  by  their  President,  or  one  of  their  members  whom  they 
may  appoint  for  the  purpose,  shall  prosecute  the  case,  and  present 
such  oral  or  documentary  evidence  .to  substantiate  the'  accusation,  as 
they  may  be  able  to  obtain. 

Sec.  5.  If,  at  the  time  of  first  meeting  of^the  Court,  the  whole 
number  be  not  present,  then  those  present  may  adjourn  from   time 


MISSIONARY    DISTRICT    OF    ASHEVILLE  21 

to  time;  and  if  it  shall  appear  improbable  that  the  whole  number  will 
attend  within  a  reasonable  time,  those  who  do  attend,  being  not  fewer 
than  three,  shall  proceed  to  trial  and  a  majority  shall  decide  all  ques- 
tions; but  a  majority  of  the  whole  Court  shall  be  required  to  render 
final    judgment. 

Sec.  6.  If  a  Clergyman  shall,  before  the  Court  meets,  confess 
the  truth  of  the  facts  of  which  he  is  accused,  the  Bishop  may  immed- 
iately proceed  to  pass  sentence;  otherwise  the  accused  shall  be  con- 
sidered as  pleading  not  guilty. 

Sec.  7.  In  case  a  Clergyman  presented  and  notified  as  above 
directed  shall  not  appear  before  the  Court  appointed  for  his  trial,  the 
Court  may  proceed  as  if  he  were  present;  unless  they  shall  see  fit 
to  adjourn  till  another  day.  Atid  if  the  accused  shall  neglect  or  re- 
fuse to  appear  before  the  Court,  after  due  presentment  and  notifica- 
tion, and  no  sufficient  reason  for  such  neglect  or  refusal  be  given, 
the  Court  shall  report  him  to  the  Bishop  for  contumacy,  and  sentence 
of  suspension  from  the  Ministry  shall  pass  against  him  accordingly; 
but  the  sentence  may  be  reversed  by  the  Bishop,  if,  within  three  cal- 
endar months,  the  accused  shall  tender  himself  ready,  and  accord- 
ingly appear  and  receive  his  trial;  but,  if  he  shall  not  so  tender  him- 
self, the  Bishop,  in  view  of  the  acts  alleged  in  the  presentment,  shall 
proceed,  if  he  thinks  proper,  to  pronounce  sentence  of  degradation 
from  the  Ministry. 

Sec.  8.  The  Court  sail  choose  a  Secretary,  who  shall  be  from 
their  own  number,  or  otherwise,  as  they  determine,  and  before  pro- 
ceeding to  trial,  they  shall  adopt  and  declare  the  rules  by  which  the 
trial  shall  be  conducted;  provided,  however,  that  both  parties  may 
employ  and  be  represented  in  such  trial  by  counsel,  not  exceeding 
two  for  each,  who  shall  be  communicants  of  this  Church,  and  citizens 
of  North   Carolina. 

Sec.  9.  When  the  Court  proceed  to  trial,  they  shall  hear  such 
evidence  as  may  be  produced;  and  all  oral  evidence  shall  be  reduced 
to  writing  by  the  Secretary  and  signed  by  the  witnesses  respectivly; 
and  some  officer,  authorized  by  the  law  to  administer  oaths,  may,  at 
the  desire  of  either  party,  be  requested  to  administer  an  oath  or 
affirmation  to  the  witnesses;  and  the  examination  of  witnesses  and  all 
the  proceedings  of  the  trial  shall  be  in  public,  if  desired  by  the  ac- 
cused. 

Sec.  10.  Any  Presbyter  who  shall,  without  sufficient  excuse,  re- 
fuse or  neglect  to  act  as  Trier  or  Church  Advocate,  or  any  clerical 
or  lay  communicant  who  shall,  without  sufficient  excuse,  refuse  or 
neglect  to  testify  as  a  witness  when  duly  appointed  or  summoned, 
under  the  Canon,  shall  be  regarded  and  may  be  dealt  with  as  any 
other  violator  of  the  laws  of  the  Church. 

Sec.   11.     Application  being  made  to  the  Bishop  by  either  party 


22  CONSTITUTION    AND    CANONS 

setting  forth,  satisfactorily,  that  any  material  witness  cannot  be  pro- 
cured upon  the  trial,  the  Bishop  may  appoint  some  clergyman  or 
layman  to  act  as  a  Commisisoner  to  take  the  testimony  of  such  wit- 
ness; and  the  party  applying  as  above  shall  give  to  the  other  party 
at  least  five  days'  notice  of  the  time  and  place  of  the  taking  the  tes- 
timony; or  such  longer  notice  as  the  Bishop  may,  in  writing,  direct. 
And  both  parties  may  attend  and  examine  the  witness,  and  the  ques- 
tions and  answers  shall  all  be  reduced  to  writing,  and  signed  by  the 
witness,  and  shall  be  certified  by  the  Commissioner,  and  enclosed 
under  his  seal,  and  transmitted  to'  the  Court,  and  received  by  them 
as  evidence.  A  witness  examined  before  such  a  Commissioner  may 
be  sworn  or  affirmed  in  manner  aforesaid. 

Sec.  12.  The  Court,  after  considering  the  evidence,  shall  declare, 
in  a  writing  signed  by  them,  or  a  majority  of  them,  their  decision 
on  the  charges  contained  in  the  presentment,  distinctly  stating 
whether  they  find  the  accused  guilty  or  not  guilty  of  such  charges, 
respectively;  which  decision,  together  with  the  evidence  and  an  at- 
tested record  of  all  the  proceedings,  shall  be  delivered  to  the  Bishop, 
accompanied  with  an  opinion  of  the  Court  as  to  what  sentence  should 
be  pronounced;  whereupon  the  Bishop  shall  pronounce  such  sentence 
as  shall  appear  to  him  to  be  proper;  provided  the  same  do  not  exceed 
in  severity  the  sentence  recommended  by  the  Court,  and  such  sentence 
shall  be  final.  But  the  Bishop,  if  satisfied  that  justice  require  it,  may 
give  a  new  trial  to  the  accused,  in  which  case  the  proceedings  shall 
be  conducted  as  before  provided. 

Sec.  13.  If  the  Bishop  of  the  District  be  connected  by  consan- 
guinity or  affinity  with  the  party  accused,  he  may  request  some  other 
Bishop,  from  one  of  the  adjoining  dioceses,  who  is  not  connected  by 
consanguinity  or  affinity  with  the  party  accused,  to  express  his  judg- 
ment on  the  decision  of  the  Court,  to  which  judgment  the  Bishop  of 
the  District  shall  conform  in  passing  sentence  or  granting  a  new 
trial.  And  if  the  District  be  vacant,  the  members  of  the  Council  of 
Advice  shall  request  the  services  of  such  Bishop  as  they  may  find 
most  convenient,  for  the  performance  of  all  such  acts  as  are,  by  this 
Canon,   required   to  be   done   by   the   Bishop   of   the   District. 


CANON  XXI. 

Of  the  Dissolution  of  the  Pastoral  Relations. 

All"  differences  between  Ministers  and  their  congregations  shall 
be  determined  according  to  the  provisions  of  Canon  yj  of  the  General 
Convention. 


MISSIONARY    DISTRICT    OF    ASHEVILLE  23 

CANON  XXII. 

Of   Regulations   Respecting   the    Laity. 

All  regulations  respecting  the  removal  and  repulsion  of  commun- 
icants shall  be  in  accordance  with  the  provisions  of  Canon  39  of  the 
General   Convention. 

CANON  XXIII. 

Of  the  Suspension  of  a  Parish. 

Section  1.  Among  the  causes  for  which  a  Parish  may  be  dealt 
with  under  Article  11  of  the  Constitution,  are  the  following: 

1.  Employing    a    Clergyman    under    Ecclesiastical    censure. 

2.  Permitting  a  Church  edifice  to  be  used  for  purposes  incom- 
patible with  its   consecration. 

3.  A  failure  to  pay  reasonable  assessments. 

4.  A  failure  to  report  its  true  financial  condition  when  called  for. 

5.  Any  persistent  course  inconsistent  with  the  doctrine,  disci- 
pline or  worship  of  this   Church. 

Sec.  2.  No  Parish  shall  have  its  connection  with  the  District 
wholly  dissolved  under  Article  11  of  the  Constitution,  until  the  al- 
leged delinquency  shall  have  been  carefully  investigated  by  a  com- 
mittee of  Laymen,  after  due  notice  to  the  Parish.  The  action  of  the 
Convention  shall  be  upon  the  report  of  such  committee. 

CANON  XXIV. 

Of  the  Solemnization  of  Matrimony. 

In  the  solemnization  of  matrimony,  Ministers  shall  be  governed 
by  the  provisions  of  Canon  38  of  the  General   Convention. 

CANON  XXV. 
Of  Alterations  in  the  Canons.  ' 

Section  1.  No  proposition  to  alter  or  add  to  the  Canons  of  the 
District,  shall  be  considered  by  the  Convention,  except  at  a  stated 
meeting  and  after  one  day's  notice  of  the  proposed  alteration,  given 
in  open  Convention;  nor  (unless  by  unanimous  consent)  until  it  shall 
have  been  reported  on  by  the  Committee  on  Canons  of  the  District. 

Sec.  2.  No  alteration  or  amendment  of  these  Canons  shall  be 
made  without  the  approbation  of  the  Bishop  of  the  District,  nor  until 
the  alteration  or  amendment  has  been  submitted  to  the  House  of 
Bishops    and   has   received   the   approbation    thereof. 


24  CONSTITUTION    AND    CANONS 

CANONS  OF  THE  GENERAL  CONVENTION  REFERRED  TO 

IN  THE  CANONS  OF  THE  DISTRICT  OF 

ASHEVILLE. 

CANON  XIII.     §  IV.   [ii.] 

Every  Missionary  Bishop  shall  appoint  annually  a  Council  of  Ad- 
vice, to  be  composed  of  not  less  than  two  nor  more  than  four  Presby- 
ters, and  an  equal  number  of  laymen,  communicants  of  this  Church, 
resident  within  his  Missionary  District,  who  shall  perform  the  duties 
of  a  Standing  Committee  for  such  District,  except  in  so  far  as  these 
Canons  otherwise  provide,  and  who  shall  continue  in  office  until  their 
successors  are  appointed,  and  shall,  so  far  as  the  circumstances  of  the 
District  permit,  be  governed  by  the  Constitution  and  Canons  that 
have  been  adopted  for  such  District. 

CANON  XIV. 
Of  the  Filling  of  Vacant  Cures. 

§  i.  When  a  Parish  or  Congregation  becomes  vacant,  the  Church 
Wardens  or  other  proper  officers,  shall  notify  the  fact  to  the  Bishop. 
If  the  authorities  of  the  Parish  shall  for  thirty  days  have  failed  to 
make  provision  for  the  services,  it  shall  be  the  duty  of  the  Bishop  to 
take  such  measures  as  he  may  deem  expedient  for  the  temporary 
maintenance  of   Divine   services   therein. 

§  2.  No  election  of  a  Rector  shall  be  had  until  the  name  of  the 
Clergyman  whom  it  is  proposed  to  elect  has  been  made  known  to 
the  Bishop,  if  there  be  one,  and  sufficient  time,  not  exceeding  thirty 
days,  has  been  given  to  him  to  communicate  with  the  Vestry  thereon. 

§3.  Written  notice  of  the  election,  signed  by  the  Church  War- 
dens, shall  be  sent  to  the  Ecclesiastical  Authority  of  the  Diocese.  If 
the  Ecclesiastical  Authority  be  satisfied  that  the  person  so  chosen 
is  a  duly  qualified  Minister,  and  that  he  has  accepted  the  office,  the 
notice  shall  be  sent  to  the  Secretary  of  the  Convention;,  who  shall 
record  it.  And  such  record  shall  be  sufficient  evidence  of  the  rela- 
tion between  the   Minister  and  the   Parish. 

§4.  A  Minister  is  settled  for  all  purposes  here  or  elsewhere  men- 
tioned in  these  Canons,  who  has  been  engaged  permanently  by  any 
Parish  according  to  the  rules  of  this  Diocese,  or  for  any  term  not 
less  than  one  year. 

CANON  XXI. 

Of  Lay  Readers. 

§  1.  A  competent  person  ready  and  desirous  to  serve  the  Church 
in  the  public  services  statedly  as. a   Lay  Reader,  must  procure  from 


MISSIONARY    DISTRICT    OF    ASHEVILLE  25 

the  Bishop  or  Ecclesiastical  Authority  of  the  Diocese  or  Mission- 
ary District  a  written  license.  Such  license  shall  not  be  granted  to 
any  but  a  male  communicant  of  this  Church,  and  must  be  given  for 
a  definite  period,  not  longer  than  one  year,  but  may  be  renewed  from 
time  to  time,  or  revoked  at  any  time.  Such  license  may  be  given  for 
any  vacant  Parish  or  Mission,  or  for  a  congregation  without  a  min- 
ister, but  where  a  Presbyter  is  in  charge,  his  request  and  recom- 
mendation must  have  been  previously  signified  to  the  Ecclesiastical 
Authority.  A  license  shall  not  be  granted  for  conducting  the  ser- 
vice in  a  congregation  without  a  Minister,  which  is  able  and  has  had 
reasonable  opportunity  to  secure  the  services  of  an  ordained  Min- 
ister. If  the  Lay  Reader  be  a  student  in  any  Theological  Seminary, 
he  shall  also,  before  acting  as  such,  obtain  the  permission  of  the 
presiding  officer  of  such  institution  and  of  his  own  Bishop. 

§  2.  A  Lay  Reader  shall  be  subject  to  the  regulations  prescribed 
by  the  Ecclesiastical  Authority,  and  shall  not  serve  in  any  Diocese 
other  than  that  in  which  he  is  licensed,  unless  he  shall  have  received 
a  license  from  the  Bishop  of  the  Diocese  in  which  he  desires  to 
serve. 

§3.  In  all  matters  relating  to  the  conduct  of  the  service,  and  to 
the  Sermons  or  Homilies  to  be  read,  he  shall  conform  to  the  direc- 
tion of  the  Minister  in  charge  of  the  Parish,  congregation,  or  Mission 
in  which  he  is  serving,  and,  in  all  cases,  to  the  directions  of  the 
Bishop.  He  shall  read  only  the  Morning  and  Evening  Prayer  (omit- 
ting the  Absolution),  the  Litany,  and  the  office  for  the  Burial  of  the 
dead.  He  shall  not  deliver  sermons  or  addresses  of  his  own  com- 
position, unless,  after  instruction  and  examination,  he  be  specially 
licensed  thereto  for  urgent  needs  by  the  Bishop.  He  shall  not  wear 
the  dress  appropriate  to   Clergymen  ministering  in   the  congregation. 

CANON    XXXVII. 
Of  the  Dissolution  of  the  Pastoral  Relations. 

§  1.  A  Rector  may  not  resign  his  Parish  without  the  consent  of 
said  Parish,  or  its  Vestry,  or  its  Trustees,  whichever  may  be  author- 
ized to  act  in  the  premises,  nor  may  any  Rector  or  Minister  canon- 
ically  or  lawfully  elected  and  in  charge  of  any  Parish  be  removed 
therefrom  by  said  Parish,  Vestry,  or  Trustees,  against  his  will,  except 
as   hereinafter   provided. 

§  2.  If  for  any  urgent  reason  a  Rector  or  Minister  as  aforesaid, 
or  the  Parish  committed  to  his  charge,  its  Vestry  or  Trustees,  shall 
desire  a  separation  artd  dissolution  of  the  pastoral  relation,  and  the 
parties  be  not  agreed  respecting  such  separation  and  dissolution,  no- 
tice in  writing  may  be  given  by  either  party  to  the  Ecclesiastical  Au- 
thority of  the  Diocese  or  Missionary  District.     The  Bishop,  in  case 


26  CONSTITUTION    AND    CANONS 

the  difference  be  not  settled  by  his  godly  judgment,  or  if  he  decline  to 
consider  the  case  without  counsel,  may  ask  the  advice  and  consent 
of  the  Standing  Committee  of  the  Diocese  or  of  the  Council  of  Advice 
of  the  Missionary  District.,  and,  proceeding  with  its  aid  and  counsel, 
shall  be  the  ultimate  arbiter  and  judge.  If  the  Diocese  or  Missionary 
District  be  vacant,  the  Ecclesiastical  Authority  shall  select  a  Bishop 
of  an  adjacent  Diocese  or  Missionary  District  to  act  as  the  Bishop, 
and  with  like  force  and  effect.  The  judgment  shall  be  either  that  the 
pastoral  relation  between  the  parties  shall  cease  and  determine  at  a 
time  and  upon  terms  therein  specified,  or  that  the  said  relation  shall 
not  be  terminated;  and  it  shall  be  the  duty  of  both  parties  to  submit 
to  and  abide  by  such  judgment.  In  the  event  of  either  party  refusing 
to  abide  by  such  judgment,  the  penalty  for  such  refusal  and  the 
further  proceedings  in  the  case  shall  be  those  provided  by  the  Consti- 
tution and  Canons  of  the  Diocese  or  Missionary  District  in  which 
such  Parish  is  situated. 

§  3.  In  case  of  the  regular  and  canonical  dissolution  of  the  con- 
nection between  a  Rector  or  Minister  and  his  Parish,  under  this 
Canon,  the  Ecclesiastical  Authority  shall  direct  the  Secretary  of  the 
Convention  to  record  the  same. 

§  4.  This  Canon  shall  not  apply  in  any  Diocese  or  Missionary 
District  which  has  made,  or  shall  hereafter  make,  provision  by  Canon 
upon  this  subject,  nor  in  contravention  of  any  right  of  any  Rector, 
Minister,   Parish,   congregation   or  Vestry  under  the  civil  law. 

CANON    XXXVIII. 
Of  the  Solemnization  of  Matrimony. 

§  1.  Ministers  of  this  Church  shall  be  careful  to  secure  the  observ- 
ance of  the  law  of  the  State  governing  the  civil  contract  of  marriage 
in  the  place  where  the  service  shall  be  performed. 

§  2.  [i.]  No  Minister  shall  solemnize  a  marriage  except  in  the 
presence  of  at  least  two  witnesses. 

[ii.]  Every  Minister  shall  without  delay  formally  record  in  the 
proper  register  the  name,  age,  and  residence  of  each  party.  Such 
record  shall  be  signed  by  the  Minister  who  solemnizes  the  marriage, 
and,  if  practicable,  by  the  married  parties,  and  by  at  least  two  wit- 
nesses of  the  marriage. 

[iii.]  No  Minister,  knowingly  after  due  inquiry,  shall  solemnize 
the  marriage  of  any  person  who  has  been  or  is  the  husband  or  wife 
of  any  other  person  then  living,  from  whom  he  or  she  has  been  di- 
vorced for  any  cause  arising  after  marriage.  But  this  Canon  shall 
not  be  held  to  apply  to  the  innocent  party  in  a  divorce  for  adultery; 
Provided,  that  before  the  application  for  such  re-marriage  a  period  of 
not  less  than  one  year  shall  have  elapsed,  after  the  granting  of  such 


MISSIONARY    DISTRICT    OF    ASHEVILLE  27 

divorce;  and  that  satisfactory  evidence  touching  the  facts  in  the  case, 
including  a  copy  of  the  Court's  Decree,  and  Record,  if  practicable, 
with  proof  that  the  defendant  was  personally  served  or  appeared  in 
the  action,  be  laid  before  the  Ecclesiastical  Authority,  and  such 
Ecclesiastical  Authority,  having  taken  legal  advice  thereon,  shall  have 
declared  in  writing  that  in  his  judgment  the  case  of  the  applicant  con- 
forms to  the  requirements  of  this  Canon;  and  Provided,  further,  that 
it  shall  be  within  the  discretion  of  any  Minister  to  decline  to  solem- 
nize any  marriage. 

§  4.  If  any  Minister  of  this  Church  shall  have  reasonable  cause 
to  doubt  whether  a  person  desirous  of  being  admitted  to  Holy  Bap- 
tism, or  to  Confirmation,  or  to  the  Holy  Communion,  has  been  mar- 
ried otherwise  than  as  the  Word  of  God  and  discipline  of  this  Church 
allow,  such  Minister,  before  receiving  such  person  to  these  ordinances, 
shall  refer  the  case  to  the  Bishop  for  his  godly  judgment  thereupon; 
Provided,  however,  That  no  Minister  shall  in  any  case  refuse  these 
ordinances  to  a  penitent  person  in  imminent  danger  of  death. 

CANON  XXXIX. 
Of  Regulations  Respecting  the  Laity. 

§  1.  A  communicant  in  good  standing  removing  from  one  Parish 
to  another  shall  be  entitled  to  and  shall  procure  from  the  Rector  or 
Minister  of  the  Parish  or  congregation  of  his  or  her  last  residence, 
or  if  there  be  no  Rector  or  Minister,  from  one  of  the  Wardens,  a 
certificate  stating  that  he  or  she  is  a  communicant  in  good  standing; 
and  the  Rector  or  Minister  of  the  Parish  or  congregation  to  which 
he  or  she  removes  shall  record  him  or  her  as  a  communicant  when 
such  letter  is  presented,  or  on  failure  to  produce  such  letter  from  no 
fault  of  the  communicant,  upon  other  evidence  of  his  or  her  standing 
sufficient  in  the  judgment  of  the  said  Rector  or  Minister.  Notice  of 
the  above  record  shall  be  sent  by  said  Rector  or  Minister  to  the  Rec- 
tor of  the  Parish  from  which  the  communicant  has  removed. 

§  22.  When  a  person  to  whom  the  sacraments  of  the  Church  have 
been  refused,  or  who  has  been  repelled  from  the  Holy  Communion 
under  the  Rubrics,  shall  lodge  a  complaint  with  the  Bishop,  it  shall 
be  the  duty  of  the  Bishop,  unless  he  see  fit  to  require  the  person  to 
be  admitted  or  restored  because  of  the  insufficiency  of  the  cause  as- 
signed by  the  Minister,  to  institute  such  an  inquiry  as  may  be  directed 
by  the  Canons  of  the  Diocese  or  Missionary  District,  and  shall  pro- 
ceed according  to  such  principles  of  law  and  equity  as  will  insure  an 
impartial  decision,  but  no  Minister  of  this  Church  shall  be  required 
to  admit  to  the  Sacraments  a  person  so  refused  or  repelled,  without 
the  written  direction  of  the   Bishop. 

The  Sacraments  shall  not  be  refused  in  any  case  to  a  penitent 
person  at  the  point  to  die. 


28  CONSTITUTION    AND    CANONS 

DISTRICT  OF  ASHEVILLE. 


RULES  OF  ORDER. 


Rule  I. — The  order  of  proceedings  shall  be  as  follows: 

FIRST    DAY. 

(i.)  The  Convention  shall  meet  at  10  o'clock,  a.  m.,  for  Morning 
Prayer  and  organization. 

(2.)  The  Secretary  of  the  preceding  Convention,  if  present — if 
not,  some  other  person  appointed  by  the  Chair — shall  call  the  names 
of  Clergy  entitled  to  seats  (Const.,  Art.  II)  and  enter  on  the  minutes 
the  names  of  those  present. 

(3.)  The  Secretary  shall  call  the  names  of  Lay  Delegates  as  en- 
tered upon  the  list  provided  for  by  Canon  2  of  the  Canons  of  the  Dis- 
trict, subject  to  such  corrections  as  may  be  based  on  the  list  of  de- 
linquent parishes  to  be  sent  by  the  Treasurer  of  the  District  to  the 
Secretary  on  the  day  before  the  meeting  of  the  Convention,  and  shall 
enter  on  the  minutes  the  names  of  those  present,  after  which  the  Pres- 
ident shall  declare  the  Convention  organized  for  business. 

(4.)  The  President  shall  appoint  a  Committee  on  Credentials,  con- 
sisting of  one  Clergyman  and  two  Laymen,  to  receive,  examine  and 
report  upon  the  Credentials  of  Lay  Delegates,  and  to  revise  the  Sec- 
retary's list  of  the  same.  And  the  Treasurer  of  the  District  shall  re- 
port to  such  Committee  a  list  of  the  Parishes  which  are  in  arrears 
for  Diocesan  assessments,  and  no  Delegate  shall  be  reported  by  such 
Committee  as  entitled  to  a  seat  in  the  Convention  from  any  Parish 
reported  by  such  Treasurer  as  in  arrears,  until  such  Treasurer  shall 
have  made  further  report  to  such  Committee  that  such  Parish  is  no 
longer  in  arrears.  In  case  the  alternate  Delegates  claim  the  right  to 
seats  in  the  Convention,  the  fact  must  be  made  known  to  the  Com- 
mittee on  Credentials,  who  shall  report  thereon;  and  the  persons 
reported  by  that  Committee  as  entitled  to  seats  (not  exceeding  three 
from  each  Parish),  whether  regulars  or  alternates,  shall,  if  the  Con- 
vention approve  such  report,  be  entered  upon  the  roll  of  the  Secre- 
tary as  properly  accredited  Delegates. 

(5.)  At  10:30  a.  m.,  a  recess  shall  be  taken  for  the  celebration  of 
the  Holy  Communion,  at  which  time  a  sermon  shall  be  preached  by 
some  Presbyter  of  the  District  appointed  by  the  Bishop. 

(6.)  The  Committee  on  Credentials  shall  next  report  on  the  ap- 
plication (if  any)  of  new  Parishes  for  admission  to  the  Convention 
(Canon   10  of  the  District);   and  when  received,   the   Secretary  shall 


MISSIONARY    DISTRICT    OF    ASHEVILLE  29 

call  and  enter  on  the  minutes  the  names  of  the  Lay  Delegates  repre- 
senting said  Parishes. 

(7.)  The  election  by  ballot  of  a  Secretary,  who  shall  have  power 
to  appoint  an  Assistant. 

(8.)  Appointment  by  the  President  of  a  Committee  on  Unfinished 
Business,  consisting  of  one  Clergyman  and  one  Layman. 

(9.)  Appointments  by  the  President  to  fill  any  vacancies  existing 
in  the  Committee  on  Canons,  or  in  the  Committee  on  Finance,  ap- 
pointed by  the  preceding  Convention. 

(10.)     Nominations  for — 
i.     Missionary  Committee. 

ii.     Delegates  and  Provisional  Delegates  to  General   Convention 
(triennially). 

iii.     One  Trustee  of  the  Diocese. 

iv.     Members  of  the   Ecclesiastical   Court   (triennialy). 

v.     Registrar  of  the  District   (triennially). 

(11.)     Report  of  Deans  of  Convocations. 

(12.)     Report  of  Archdeacon  of  the  District. 

(13.)  Reading  of  the  Abstract  of  Proceedings  of  the  Council  of 
Advice  of  the  District. 

(14.)    T<eport  of  the  Committee  on  Unfinished  Business. 

(15.)     Report  of  Special  Committees  of  last  Convention. 

(16.)     Report  of  Finance  Committee. 

(17.)     Report  of  Missionary  Committee. 

(18.)     Report  of  Education  Committee. 

(19.)  Report  of  Committee  on  Canons,  on  matters  referred  to 
it  by  previous  Convention. 

(20.)     Motions,  resolutions  and  miscellaneous  business. 

(21.)     A  public  Missionary  meeting  for  promoting  the  objects  of 
the  Missionary  and  Educational  interests  of  the  District. 
SECOND    DAY.     . 

After  Divine  Service,  the  order  of  business  shall  be  as  follows: 

(22.)     Reading  and  approving  the  minutes. 

(23.)     Reading  of  the  Bishop's  Address. 

(24.)     Supplementary  report  of  the  Committee  on  Credentials. 

(25.)     Election,  by  ballot,  of — 
i.     Missionary  Committee. 

ii.     Delegates   and   Provisional   Delegates   to   General   Conven- 
tion (triennially). 

iii.     One  Trustee  of  District. 

iv.     Members  of  the  Ecclesiastical  Court   (triennially). 
v.     Trustee  for  Sewanee. 
vi.     Trustee  for  St.  Mary's. 

vii.     Registrar  of  the  District  (triennially). 

(26.)     Report  of  Special   Committees. 


30  CONSTITUTION    AND    CANONS     ' 

(27.)      Report  of  Finance   Committee  on  Assessments. 

(28.)      Report   of   the   Treasurer   of  the   District. 

(29.)     Election,  by  ballot,  of  the  Treasurer  of  the  District. 

(30.)      Report  of  the  Committee  on  Canons  on  new  business. 

(31.)      Report   of   Committee   on   Sunday-schools. 

(32.)  Report  of  Secretary  of  the  Board  of  Trustees  of  the  Dis- 
trict. 

(33-)  Report  of  Treasurer  of  the  Board  of  Trustees  of  the 
District. 

(34.)  Appointment  by  the  President  of  the  following  District 
Committees,  to  continue  until  the  close  of  the  next  Annual  Conven- 
tion : 

I.  A  Committee  on  Canons,  to  consist  of  two  Clergymen  and  two 
Laymen,  to  whom  shall  be  referred  all  matters  pertaining  to  the 
Constitution  and  Canons,  and  all  questions  of  ecclesiastical  law  which 
may  arise   during  the  session   of  the   Convention. 

II.  The  Committee  on  Finance  required  by  Canon  9  of  the 
Canons  of  the  District. 

III.  Other  committees  required  by  Canon. 
(35.)     The   disposal   of  any   unfinished   business. 

Rule  II. — When  the  President  takes  the  Chair,  no  member  shall 
continue  standing,  or  shall  afterwards  stand,  unless  to  address  the 
Chair. 

Rule  III. —  No  member  shall  absent  himself  from  the  services  of 
the  House,  unless  he  have  leave,  or  be  unable  to  attend. 

Rule  IV. —  Whenever  any  member  is  about  to  speak  in  debate,  or 
deliver  any  matter  to  the  Convention,  he  shall  rise  from  his  seat,  and 
with  due  respect,  address  himself  in  an  audible  voice  to  the  President, 
confining  himself  strictly  to  the   point   in   debate. 

Rule  V. —  No  member  shall  speak  more  than  twice  in  the  same 
debate,  without  leave  of  the  house. 

Rule  V. —  While  the  President  is  putting  any  question,  the  mem- 
bers shall  continue  in  their  seats,  and  not  hold  any  private  discourse. 

Rule  VII. —  Every  member  present  shall  vote  when  a  question  is 
put,  unless  excused  bjr  the  Convention;  and,  on  a  vote  by  orders,  the 
name  of  the  Presiding  Officer  shall  be  called  last. 

Rule  VIII. —  When  a  question  is  under  consideration,  no  motion 
shall  be  made,  unless  to  lay  it  upon  the  table,  to  postpone  it  indefi- 
nitely, to  postpone  it  to  a  certain  time,  to  commit  it,  to  amend  it,  or 
to  divide  it,  and  motions  for  any  of  these  shall  have  precedence  in 
the   order   herein   named. 

Rule  IX. —  A  motion  to  lay  on  the  table  shall  be  decided  without 
debate. 


MISSIONARY    DISTRICT    OF    ASHEVILLE  31 

Rule  X. —  A  motion  to  adjourn  shall  always  be  in  order,  and,  if 
unqualified,  shall  be  decided  without  debate. 

Rule  XI. —  No  motion  shall  be  considered  as  before  the  House, 
unless  it  be  seconded,  and  reduced  to  writing. 

Rule  XII. —  A  question,  being  once  determined,  shall  stand  as 
the  judgment  of  the  Convention,  and  shall  not  again  be  considered 
during  the  same  session;  but  a  question,  being  decided,  may  be  recon- 
sidered with  the  consent  of  two-thirds  of  the  members  present,  on 
a  motion  to  that  purpose  by  one  of  the  majority  on  the  first  decision. 

Rule  XIII. — •  All  Committees  shall  be  appointed  by  the  President, 
unless   otherwise   ordered. 

Rule  XIV. —  The  reports  of  all  committees  shall  be  in  writing, 
and  shall  be  entered  upon  the  minutes,  unless  otherwise  ordered.  If 
recommending  or  requiring  action  or  expression  of  opinion  by  the 
Convention,  they  shall  be  accompanied  by  a  resolution  or  resolutions 
for  its   consideration. 

Rule  XV. —  All  questions  of  order  shall  be  decided  by  the  Presi- 
dent, in  the  first  instance;  but  any  member  may  appeal  from  such  de- 
cision, and  on  such  appeal  no  member  shall  speak  more  than  once 
without  leave  of  the   Convention. 

Rule  XVI. —  Clergymen  of  the  Protestant  Episcopal  Church  not 
entitled  to  seats,  and  candidates  for  Holy  Orders  in  this  District,  shall 
be  admitted  to  the  sittings  of  the  Convention,  and  their  names  entered 
on  the  Journal,  on  reporting  themselves  to'  the  Secretary,  but  without 
the  right  of  taking  any  part  in  the  proceedings. 

Rule  XVII. —  Before  the  final  adjournment  of  the  Convention, 
the  minutes  of  the  last  day's  proceedings  shall  be  read,  corrected,  if 
necessary,  and  approved. 

Rule  XVIII. —  The  Rules  of  Order  may  be  suspended  by  a  vote  of 
two-thirds  of  all  the  members  present. 

Rule  XIX. —  The  above  shall  be  the  Rules*of  Order  for  all  future 
Conventions  of  this  District,  unless  altered  or  rescinded. 


FOR  USE  ONLY  IN 
THE  NORTH  CAROLINA  COLLECTION 


Form  No.  A-368,  Rev.  8/95 


